AIR 1946 CALCUTTA 168

Calcutta High Court

Hon'ble Judge(s): Sen , J

(A) Succession Act (39 of 1925) , S.63(c)— Will-Attestation - Meaning of - There is no attestation unless witness puts his signature on will 'animo attestandi.' It is clear from S.63(c) itself that attestation implies something more than the mere putting down of a signature on a will in the presence of the testator by a person who has seen the testator sign. The Legislature makes a distinction between @page-Cal169 mere signing and attesting. Attesting is more than merely signing on the will. It means signing a document for a particular purpose, the purpose being to testify to the signature of the executant.(Para 171C2) If it is shown that a person put his signature on a document not with the intention of attesting or witnessing the signature of the executant but alio intuitu then such person cannot be deemed to be an attesting witness although he may have seen the executant sign the deed and although he may have signed in the presence of the executant. Therefore, even if a person sees the testator sign and signs the will after seeing the testator sign and in the presence of the testator he would not be an attesting witness unless he puts his signature on the will animo attestandi:('29) 16 AIR 1929 Cal 123, Rel on; 5 CWN 454 and ('21) 8 AIR 1921 Cal 208, Dissent.; Case law discussed.(Para 171C1 ....